The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has asked the Federal High Court in Abuja to order the Independent National Electoral Commission INEC to remove five political parties from its register, insisting that their continued operation goes against the Constitution and weakens the integrity of Nigeria’s electoral system.
In documents filed before the court, the Attorney General argued that without judicial intervention, the Independent National Electoral Commission INEC would keep failing in its constitutional responsibility by allowing parties that do not meet legal requirements to remain registered.
He emphasized that forming or joining a political party is not an unlimited right but one that must operate within the bounds of the Constitution. He added that granting the requests made by the plaintiffs would serve the interest of justice.
The case, filed as FHC ABJ CS 2637 2026 at the Abuja Judicial Division of the Federal High Court, was brought by the Incorporated Trustees of the National Forum of Former Legislators.
Named in the suit are INEC as the first defendant and the Attorney General of the Federation as the second defendant, along with five political parties: African Democratic Congress ADC, Action Alliance AA, Action Peoples Party APP, Accord A, and Zenith Labour Party ZLP.
At the heart of the matter is whether INEC is constitutionally required to deregister political parties that fail to meet performance standards outlined in Section 225A of the 1999 Constitution as amended, as well as provisions in the Electoral Act 2022 and the commission’s own regulations.
The plaintiffs argue that the parties involved have consistently failed to meet the conditions needed to remain registered. These conditions include securing at least 25 percent of votes in a state during a presidential election or winning at least one elective position at the national, state, or local government level.
They claim that the parties performed poorly in the 2023 general elections and subsequent by elections, failing to secure seats across key levels of government, yet are still recognized by INEC as valid political platforms.
According to the plaintiffs, this continued recognition is unlawful and damages the credibility of Nigeria’s electoral system.
In a supporting affidavit, the forum’s national coordinator, Igbokwe Raphael Nnanna, stated that keeping parties that have not met constitutional requirements on the register is unconstitutional, illegal, and a clear breach of the legal framework governing elections.
The plaintiffs are asking the court to declare that INEC is legally required to deregister such parties and to compel the commission to act before preparations for the 2027 elections progress further.
In addition to these declarations, they are seeking broader orders to stop the affected parties from taking part in the next general elections or engaging in political activities such as campaigns, rallies, and primaries. They are also requesting court orders preventing INEC from recognizing or dealing with the parties in any official capacity unless they fully comply with constitutional requirements.
A key part of the plaintiffs’ argument is that the Constitution uses the word shall, which they interpret as imposing a compulsory duty on INEC, leaving no room for discretion once a party fails to meet the required standards.
In their legal arguments, they rely on statutory provisions and previous court decisions to assert that electoral performance is an objective measure that must be enforced to ensure discipline, transparency, and accountability within the political system.
Attorney General backs plaintiff
In a notice filed pursuant to Order 15 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2019, the Attorney General, who is a defendant in the suit, formally admitted the plaintiff’s case to the extent of his constitutional responsibilities.
He maintained that, as the chief law officer of the federation, he is duty-bound to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other laws governing elections in Nigeria.
The filing emphasised that the Attorney General’s role extends beyond litigation to preventive oversight, ensuring that laws are faithfully implemented to maintain public confidence in the electoral process. It described the case as a public interest litigation aimed at safeguarding democratic integrity and promoting constitutional observance.
According to the document, the Attorney General argued that citizens, including the plaintiff group, have the right to challenge constitutional breaches, particularly where electoral processes are concerned. He added that supporting such litigation aligns with his dual role as both a defender of the state and an advocate for citizens’ rights.
The submission also highlighted the broader implications of non-compliance by political parties. It argued that the continued existence of parties that fail to meet constitutional thresholds contributes to ballot congestion, increases the cost of election administration, and undermines the intent of Section 225A of the 1999 Constitution (as amended), which empowers INEC to deregister underperforming parties.
The plaintiff further contended that INEC has no residual discretion to retain parties that do not satisfy the constitutional criteria, insisting that failure to deregister them constitutes a continuing breach of constitutional duty. The suit warned that such inaction could be challenged through public interest litigation, as is the case before the court.
Additionally, the filing noted that the plaintiff, comprising former legislators, possesses the requisite standing to institute the action, having been directly involved in the enactment and oversight of Nigeria’s constitutional and electoral framework.
The Attorney General also underscored the importance of access to justice, arguing that his support for the suit would help bridge gaps faced by citizens seeking to enforce constitutional rights. He maintained that collaboration between government institutions and civic actors is essential to strengthening legal literacy, accountability, and democratic participation.
The Attorney General of the Federation is represented in the suit by a team of lawyers led by Prof. J. O. Olatoke, SAN, alongside O. J. David, U. O. Olufadi, D. O. Bamidele, V. D. Maiye, Waheed Abdulraheem and A. K. Abdulmumin, all of whom signed the court filing before the Federal High Court in Abuja.
The case, which has drawn significant attention within political and legal circles, could have far-reaching implications for Nigeria’s party system ahead of future elections, particularly if the court grants the request to compel INEC to act against the affected parties.
